USPTO Patents Application 08873597

Application No.

Applicant(s)

Notice of Allowability

08/873,597

KAYYEM ET AL.

Examiner

Art Unit

Janell Taylor Cleveland

1655

- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-
All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.

1. ^ This communication is responsive to amendment of 10/18/2001 .

2. £3 The allowed claim(s) is/are 19-31 and 33-40 (newly numbered as 1-21) .

3. D The drawings filed on are accepted by the Examiner.

4. □ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f).

a)DAII b)DSome* c) □ None of the:

1. □ Certified copies of the priority documents have been received.

2. □ Certified copies of the priority documents have been received in Application No. .

3. □ Copies of the certified copies of the priority documents have been received in this national stage application from the

* Certified copies not received: .

5. □ Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 1 19(e) (to a provisional application).

(a) □ The translation of the foreign language provisional application has been received.

6. |El Acknowledgment is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121.

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements noted
below. Failure to timely comply will result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.

7. □ A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.

8. □ CORRECTED DRAWINGS must be submitted.

(a) □ including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached

1) □ hereto or 2) □ to Paper No. .

(b) D including changes required by the proposed drawing correction filed , which has been approved by the Examiner.

(c) □ including changes required by the attached Examiner's Amendment / Comment or in the Office action of Paper No. .

Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the top margin (not the back)
of each sheet. The drawings should be filed as a separate paper with a transmittal letter addressed to the Official Draftsperson.

9. □ DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.

International Bureau (PCT Rule 17.2(a)).

Attachment(s)

3D Notice of Draftperson's Patent Drawing Review (PTO-948)
5Q Information Disclosure Statements (PTO-1449), Paper No.
7\3 Examiner's Comment Regarding Requirement for Deposit

1D Notice of References Cited (PTO-892)

of Biological Material

2Q Notice of Informal Patent Application (PTO-1 52)

4D Interview Summary (PTO-413), Paper No. .

6D Examiner's Amendment/Comment

8[3 Examiner's Statement of Reasons for Allowance

9D Other

U.S. Patent and Trademark Office

PTO-37 (Rev. 04-01)

Notice of Allowability

Part of Paper No. 32

Application/Control Number: 08/873,597 Page 2

Art Unit: 1655

REASONS FOR ALLOWANCE

1 . The following is an examiner's statement of reasons for allowance: no prior art
was found which teaches or suggests an apparatus for the detection of target nucleic
acids in a test sample, comprising: a) a test chamber comprising a first and second
electrode, wherein said first measuring electrode comprises a covalently attached
conductive oligomer, wherein said conductive oligomer is also covalently attached to a
single stranded nucleic acid; and b) an AC/DC voltage source electrically connected to
said test chamber. The closest prior art, which has already been made of record, is that
of Ribi et al. Ribi et al. Teach multilayered bioelectronic sensors, in which the presence
of specific binding pair members may be detected. Ribi et al. do not, however, teach
the direct attachment of a nucleic acid onto an electrode.

Any comments considered necessary by applicant must be submitted no later
than the payment of the issue fee and, to avoid processing delays, should preferably
accompany the issue fee. Such submissions should be clearly labeled "Comments on
Statement of Reasons for Allowance."

Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Janell Taylor Cleveland whose telephone number is
703-305-0273. The examiner can normally be reached on M-F 9-6.

If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Gary Jones can be reached on 703-308-1152. The fax phone numbers for
the organization where this application or proceeding is assigned are 703-308-9306 for
regular communications and 703-308-9307 for After Final communications.

Application/Control Number: 08/873,597 Page 3

Art Unit: 1655

Any inquiry of a general nature or relating to the status of this application or
proceeding should be directed to the receptionist whose telephone number is 703-308-
0196.

Janell Taylor Cleveland
Examiner
Art Unit 1655

reenter 1600

January 9, 2002